The high court on Wednesday directed the Inspector General of Police (IG) to investigate the matter involving scuffle between two youth and lawyers that took place near the court in Indore on September 12.
The petitioner, Ritesh Inani, has alleged that the procedure prescribed in CrPC was not followed by police in the case and it favoured the accused. The petitioner’s counsel accused police of exercising power in a ‘discriminatory manner’ in similar cases.
In his affidavit, the investigation officer held that the injuries were of ‘simple nature’ and hence it was not found necessary to arrest the accused, Shelam Khajanchi, immediately. Shelam was not arrested but kept in a police station over night and was released next day, the officer said.
After hearing the arguments, Justice Prakash Shrivastava directed the IG to examine the case diary to ascertain whether the provisions under Sec 41(1)(b) and 43 of CrPC were required to be followed, especially when an offence under Section 307 of IPC (attempt to murder) was registered in the matter.
The court directed the IG to examine whether there was any deliberate delay by the investigating officer in recording statements of complainant and witnesses. “If probe finds any deliberate lapse by the police officer to help the accused, then appropriate action shall be taken against the officer,” Justice Shrivastava said.
Inani alleged the students assaulted him on September 12 evening, after which the accused was handed over to police.
Meanwhile, members of the high court bar and district bar association continued their protest on Wednesday and abstained from court work, demanding arrest of the two students.